See also:law or one possessing large judicial or executive authority . In this broad sense the word is used in such phrases as " the first
See also:magistrate" of a
See also:king in a
See also:monarchy or " the chief magistrate " of the
See also:president of the
See also:United States . But it is more generally applied to minor or subordinate judicial
See also:officers, whether unpaid, as justices of the peace, or paid, as stipendiary magistrates . A stipendiary magistrate is appointed in
See also:London under the Metropolitan
See also:Police Courts
See also:Act 1839, in municipal boroughs under the Municipal Corporations Act 1882, and in particular districts under the Stipendiary Magistrates Act 1863 and
See also:special acts . In London and municipal boroughs a stipendiary magistrate must be a
See also:barrister of at least seven years'
See also:standing, while under the Stipendiary Magistrates Act 1863 he may be of five years' standing . A stipendiary magistrate may do alone all acts authorized to be done by two justices of the peace . The
See also:term magistratus in
See also:ancient Rome originally implied the
See also:office of magister (
See also:master) of the
See also:people, but was subsequently applied also to the holder of the office, thus becoming identical in sense with magister, and supplanting it in reference to any kind of public office . The fundamental conception of Roman magistracy is tenure of the imperium, the
See also:sovereignty which resides with the Roman people, but is by it conferred either upon a single ruler for
See also:life, as in the later monarchy, or upon a
See also:college of magistrates for a fixed term, as in the Republican
See also:period . The Roman theory of magistracy underwent little
See also:change when two consuls were substituted for the king; but the subdivision of magisterial
See also:powers which characterized the first centuries of the Republic, and resulted in the
See also:establishment of twenty annually elected magistrates of the people, implied some modification of this principle of the
See also:investiture of magistrates with supreme authority . For when the magistracies were multiplied a distinction was '
See also:drawn between magistrates with imperium, namely consuls, praetors and occasionally dictators, and the remaining magistrates, who, although exercising
See also:independent magisterial authority and in no sense agents of the higher magistrates, were invested merely with an authority (potestas) to assist in the administration of the state . At the same
See also:time the actual authority of every magistrate was weakened not only by his colleagues' power of
See also:veto, but by the power possessed by any magistrate of quashing the act of an inferior, and by the tribune's right of putting his veto on the act of any magistrate except a dictator; and the subdivision of authority, which placed a
See also:deal of business in the hands of
See also:young and inexperienced magistrates, further tended to in-crease the actual power as well as the influence of the
See also:senate at the expense of the magistracy . In the
See also:developed Republic magistracies were-divided into two classes: (a) magistrates of the whole people (populi Romani) and (b) magistrates of the plebs .
The former class is again divided into two sections: (a)
See also:curule and (3) non-curule, a distinction which rests mainly on dignity rather than on actual power, for it cuts across the division of magistrates according to their tenure or non-tenure of imperium .. a . The magistrates of the people—also known as patrician magistrates, probably because the older and more important of these magistracies could originally be held only by
See also:patricians (q.v.)—were: (a) Dictator, master of the
See also:horse (see DICTATOR), consuls, praetors, curule, aediles and censors (curule) ; and (/3) Quaestors, and the
See also:body of minor magistrates known as
See also:xxvi. viri (non-curule) . The dictator-
See also:ship and consulship were as old as the Republic . The first praetor was appointed in 366 B.C., a second was added in 242 B.C., and the number was gradually increased for provincial
See also:government until Sulla brought it up to eight, and under the early principate it
See also:grew to eighteen . Censors were first instituted in 443 B.C., and the office continued unchanged until its abolition by Sulla, after which, though restored, it rapidly fell into
See also:abeyance . Curule aediles were instituted at the same time as the praetorship, and continued throughout the Republic . The quaestorship was at least as old as the Republic, but the number
See also:rose during the Republic from two to twenty . All these offices except the censorship continued for administrative purposes during the principate, though shorn of all important powers . b . The plebeian magistrates had their origin in the
See also:secession of the plebs to
See also:Mons Sacer in 494 B.C . (see
See also:History) .
See also:year tribunes of the plebs were instituted, and two aediles were given them as subordinate officials, who were afterwards known as plebeian aediles, to distinguish them from the curule magistrates of the same name . Both these offices were abolished during the decemvirate, but were restored in 449 B.C., and survived into the principate . The powers possessed by all magistrates alike were two:—that of enforcing their enactments (coercitio) by the exercise of any punishment
See also:short of capital, and that of veto( intercessio) of any act of a colleague or minor magistrate . The right of summoning and presiding over an
See also:assembly of that body of citizens with whose powers the magistrate was invested
See also:lay with the higher magistrates only in each class, with the consuls and praetors, and with the tribunes of the plebs .
See also:Civil jurisdiction was always a magisterial
See also:prerogative at Rome, and criminal jurisdiction also, except in capital cases, the decision of which was vested in the people at least as early as the first year of the Republic, was wielded by magistrates until the establishment of the various quaesliones per petuae during the last century of the Republic . But in civil cases the magistrate, though controlling the trial and deciding matters of law, was quite distinct from the
See also:judge or body of
See also:judges who decided the question of fact; and the qucestiones per petuae, which reduced the magistrate in criminal cases to a mere president of the
See also:court, gave him a position inferior to that of the praetor, who tried civil cases, only in so far as the praetor controlled the trial in some degree by his
See also:formula, under which the judges decided the question of fact . Tenure of magistracy was always held to depend upon election by the body whose powers the magistrate wielded . Thus the magistrates of the plebs were elected by the plebeian council, those of the people in the
See also:Comitia (q.v.) . In every case the out-going magistrate, as presiding officer of the elective assembly, exercised the important right of nominating his successor for election . See A . H . J .
Greenidge, Roman Public Life, 152 seq., 363 seq . (London, 1901); T .
See also:Mommsen, Romisches Staatsrecht, I . 11. i . (1887) . (A . M .
WILLIAM MAGINN (1793–1842)
ANTONIO DA MARCO MAGLIABECHI (1633-1714)
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